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Introduced Version Senate Bill 179 History

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sb179 intr
Senate Bill No. 179

(By Senator Bailey)

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[Introduced February 14, 2005; referred to the Committee

on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new section, designated §5F-2-7; to amend and reenact §6-7-2a of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §16-1-2 of said code; to amend and reenact §16-5P-7 of said code; to amend and reenact §16-5S-5 of said code; to amend and reenact §16-22A-3 of said code; to amend and reenact §16-29D-3 of said code; to amend and reenact §16-29E-2 and §16-29E-3 of said code; to amend and reenact §18-10K-2 of said code; to amend and reenact §33-25B-2 of said code; to amend and reenact §33-25D-29 of said code; to amend said code by adding thereto a new section, designated §48-1-220a; to amend and reenact §48-1-236 of said code; to amend and reenact §48-26-501, §48-26-502 and §48-26-503 of said code; to amend and reenact §49-1-4 of said code; to amend and reenact §49-4-1, §49-4-4 and §49-4-5 of said code; to amend and reenact §49-4A-2, §49-4A-5 and §49-4A-6 of said code; to amend and reenact §49-5D-5 of said code; and to amend and reenact §49-7-1 and §49-7-30 of said code, all relating to dividing the Department of Health and Human Resources into the Department of Health and the Department of Human Resources.

Be it enacted by the Legislature of West Virginia:
That §5F-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5F-2-1 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §5F-2-7; that §6-7-2a of said code be amended and reenacted; that §9-1-2 of said code be amended and reenacted; that §9-2-1a of said code be amended and reenacted; that §16-1-2 of said code be amended and reenacted; that §16-5P-7 of said code be amended and reenacted; that §16-5S-5 of said code be amended and reenacted; that §16-22A-3 of said code be amended and reenacted; that §16-29D-3 of said code be amended and reenacted; that §16-29E-2 and §16-29E-3 of said code be amended and reenacted; that §18-10K-2 of said code be amended and reenacted; that §33-25B-2 of said code be amended and reenacted; that §33-25D-29 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §48-1-220a; that §48-1-236 of said code be amended and reenacted; that §48-26-501, §48-26-502 and §48-26-503 of said code be amended and reenacted; that §49-1-4 of said code be amended and reenacted; that §49-4-1, §49-4-4 and §49-4-5 of said code be amended and reenacted; that §49-4A-2, §49-4A-5 and §49-4A-6 of said code be amended and reenacted; that §49-5D-5 of said code be amended and reenacted; and that §49-7-1 and §49-7-30 of said code be amended and reenacted, all to read as follows:
CHAPTER 5F. ORGANIZATION OF THE EXECUTIVE BRANCH

OF STATE GOVERNMENT.

ARTICLE 1. GENERAL PROVISIONS.
5F-1-2. Executive departments created; offices of secretary created.

(a) There are created, within the executive branch of the state government, the following departments:
(1) Department of Administration;
(2) Department of Education and the Arts;
(3) Department of Environmental Protection;
(4) Department of Health; and human resources
(5) Department of Military Affairs and Public Safety;
(6) Department of Revenue;
(7) Department of Transportation; and
(8) Department of Commerce; and
(9) Department of Human Resources.
(b) Each Department will be headed by a secretary appointed by the Governor with the advice and consent of the Senate. Each secretary serves at the will and pleasure of the Governor.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) Education and State Employees Grievance Board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Commerce:
(1)Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and (C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code; (5) Division of Forestry provided in article one-a, chapter nineteen of this code; and
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code.
(c) The Economic Development Authority provided for in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) Bureau of Employment Programs provided in article one, chapter twenty-one-a of this code is continued as an independent agency within the executive branch.
(f) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.
(g) Bureau of Environment is abolished and the following agencies and boards, including all allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Health; and human resources
(1) Human rights commission provided for in article eleven, chapter five of this code;
(2) Division of human services provided for in article two, chapter nine of this code;
(3) (1) Bureau for Public Health provided for in article one, chapter sixteen of this code;
(4) (2) Office of Emergency Medical Services and Advisory Council thereto provided for in article four-c, chapter sixteen of this code;
(5) (3) Health Care Authority provided for in article twenty-nine-b, chapter sixteen of this code;
(6) (4) Commission on Mental Retardation provided for in article fifteen, chapter twenty-nine of this code.
(7) Women's commission provided for in article twenty, chapter twenty-nine of this code; and
(8) The child support enforcement division provided for in chapter forty-eight of this code
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided for in article one-a, chapter fifteen of this code;
(2) Armory Board provided for in article six, chapter fifteen of this code;
(3) Military Awards Board provided for in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided for in article two, chapter fifteen of this code;
(5) Office of Emergency Services and Disaster Recovery Board provided for in article five, chapter fifteen of this code and Emergency Response Commission provided for in article five-a of said chapter;
(6) Sheriffs' Bureau provided for in article eight, chapter fifteen of this code;
(7) Division of Corrections provided for in chapter twenty-five of this code;
(8) Fire Commission provided for in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility authority provided for in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided for in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided for in article one, chapter nine-a of this code.
(k) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided for in article one, chapter eleven of this code;
(2) Racing Commission provided for in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided for in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided for in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided for in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided for in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided for in chapter forty-seven-a of this code;
(8) Division of Banking provided for in article two, chapter thirty-one-a of this code;
(9) The State Budget Office, formerly known as the budget section of the Finance Division, Department of Administration, previously provided for in article two, chapter five-a of this code and now provided for in article two of this chapter;
(10) The Municipal Bond Commission provided for in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided for in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided for in article five-a, chapter twenty-nine of this code.
(l) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided for in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided for in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided for in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided for in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided for in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided for in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided for in article sixteen-b, chapter seventeen of this code.
(m) Effective the first day of July, two thousand five, the following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Human Resources:
(1) Human Rights Insurance Commissioner provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Women's Insurance Commissioner provided in article twenty, chapter twenty-nine of this code; and
(4) The Child Support Enforcement Division provided in chapter forty-eight of this code.

(m) (n) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence of the position of administrator and of the agency and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(n) (o)
Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter and all boards which are appellate bodies or were otherwise established to be independent decision makers will not have their appellate or independent decision-making status affected by the enactment of this chapter.
(o) (p)
Any department previously transferred to and incorporated in a department created in section two, article one of this chapter by prior enactment of this section in chapter three, Acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-nine, and subsequent amendments means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(p) (q)
When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
§5F-2-7. Creation of the Departments of Health and Human Resources.

(a) Effective the first day of July, two thousand five, the Department of Health and Human Resources is divided into two Departments, the Department of Health and the Department of Human Resources.
(b) All records, assets and property, of whatever kind or character, owned by or used in the administration of the agencies and boards and all of the personnel used in the administration of the Department of Health and Human Resources and its agencies and boards, including the administrators, are transferred to the respective Department to and in which the agencies and boards are transferred as provided in this article. The Governor shall provide for the orderly transfer of property and personnel from the Department of Health and Human Resources to the new Departments. In the event of shared resources the Governor shall determine how the resources are distributed.
(c) The reference to the Secretary of the Department of Health and Human Resources or the Department of Health and Human Resources in the sections of this code listed in this subsection refer to the Secretary of the Department of Health and the Secretary of the Department of Human Resources or the Department of Health and the Department of Human Resources, respectively:
(1) Section four, article ten, chapter four;
(2) Section four, article six, chapter five; and
(3) Section fifty-four, article three, chapter five-a.
(d) The reference to the Secretary of the Department of Health and Human Resources or the Department of Health and Human Resources in the sections of this code listed in this subsection refer to the Secretary of the Department of Health or the Department of Health, respectively:
(1) Sections two and eighteen, article sixteen, chapter five;
(2) Section two, article one-a, chapter five-a;
(3) Section three-a, article one, chapter seven;
(4) Section twenty-one, article nineteen, chapter eight;

(5) Section fifty-b, article twenty-four, chapter eight;
(6) Section five-u, article ten, chapter eleven;
(7) Article two-c, article fifteen;
(8) Chapter sixteen;
(9) Section two, article twelve, chapter fifteen;
(10) Section three, article five-a, chapter seventeen-c;
(11) Section twenty-six, article fifteen, chapter seventeen-c;
(12) Section forty-four, article five, chapter eighteen;
(13) Section two, article seven-b, chapter eighteen;
(14) Section six, article ten-m, chapter eighteen;
(15) Section three, article sixteen, chapter eighteen-b;
(16) Section one-a, article twelve-a, chapter nineteen;
(17) Sections one and three, article twenty-nine, chapter nineteen;
(18) Articles five-j and five-k, chapter twenty;
(19) Section nine, article five, chapter twenty-two;
(20) Sections six and seven, article eighteen, chapter twenty-two;
(21) Section four, article three, chapter twenty-two-c;
(22) Section five, article two, chapter twenty-four;
(23) Section one, article five, chapter twenty-six;
(24) Sections four and five, article five-a, chapter twenty-six;
(25) Section seven, article one, chapter twenty-seven;
(26) Sections two, three and four, article five, chapter twenty-seven;
(27) Section two, article six-a, chapter twenty-seven;
(28) Section one, article sixteen, chapter twenty-seven;
(29) Section nineteen, article twenty-two-a, chapter twenty-nine;
(30) Section seven, article fifteen, chapter thirty;
(31) Section seven, article fifteen-a, chapter thirty-one;
(32) Sections nine, seventeen and eighteen, article twenty-five-b, chapter thirty-three;
(33) Sections eighteen and twenty, article twenty-five-d, chapter thirty-three; and
(34) Sections three, ten and twelve, article twelve, chapter sixty-one.
(e) The reference to the Secretary of the Department of Health and Human Resources or the Department of Health and Human Resources in the sections of this code listed in this subsection refer to the Secretary of the Department of Human Resources or the Department of Human Resources, respectively:
(1) Sections three and five, article fourteen, chapter five;
(2) Section four, article sixteen-b, chapter five;
(3) Section two, article twenty-six, chapter five;
(4) Section fourteen-a, article two, chapter five-a;
(5) Section one-a, article three, chapter five-a;
(6) Section three, article two-b, chapter five-b;
(7) Sections one and four, article four, chapter seven;
(8) Chapter nine;
(9) Article twenty-six, chapter eleven;
(10) Section thirty, article twenty-seven, chapter eleven;
(11) Section ten-e, article three, chapter twelve;
(12) Section five, article three-a, chapter twelve;
(13) Section four, article two-c, chapter seventeen;
(14) Section four, article twenty-four, chapter seventeen;
(15) Sections five-b and thirteen-h, article two, chapter eighteen;
(16) Section seven-b, article ten, chapter eighteen-b;
(17) Sections sixteen and seventeen, article six, chapter twenty-one-a;
(18) Section three, article one, chapter twenty-five;
(19) Article twenty, chapter twenty-nine;
(20) Section five, article eighteen-d, chapter thirty-one;
(21) Section eight-a, article twenty, chapter thirty-one;
(22) Section four, article two-a, chapter thirty-one-a;
(23) Section six, article twenty-five-b, chapter thirty-three;
(24) Sections eight, nine and ten, article one, chapter forty-four-a;
(25) Section two, article two, chapter forty-four-a;
(26) Chapter forty-eight;
(27) Chapter forty-nine; and
(28) Section twenty-one, article two-a, chapter fifty-one.
CHAPTER 6. MISCELLANEOUS PROVISIONS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be is appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand one, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand one, and thereafter Notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be is as follows:
Administrator, Division of Highways, ninety thousand dollars; Administrator, State Tax Division, sixty-five thousand dollars; Administrator, Division of Corrections, seventy-five thousand dollars; Administrator, Division of Natural Resources, seventy thousand dollars; Superintendent, State Police, seventy-five thousand dollars; Administrator, Lottery Division, seventy-five thousand dollars; Director, Public Employees Insurance Agency, seventy-five thousand dollars; Administrator, Division of Banking, sixty thousand dollars; Administrator, Division of Insurance, sixty thousand dollars; Administrator, Division of Culture and History, fifty-five thousand dollars; Administrator, Alcohol Beverage Control Insurance Commissioner, seventy thousand dollars; Administrator, Division of Motor Vehicles, seventy thousand dollars; Director, Division of Personnel, fifty-five thousand dollars; Adjutant General, seventy-five thousand dollars; Chairman, Health Care Authority, seventy thousand dollars; Members, Health Care Authority, sixty thousand dollars; Director, Human Rights Insurance Commissioner, forty-five thousand dollars; Administrator, Division of Labor, sixty thousand dollars; Administrator, Division of Veterans' Affairs, forty-five thousand dollars; Administrator, Division of Emergency Services, forty-five thousand dollars; Members, Board of Parole, forty-five thousand dollars; Members, Employment Security Review Board, seventeen thousand dollars; Members, Workers' Compensation Appeal Board, seventeen thousand eight hundred dollars; Administrator, Bureau of Employment Programs, seventy thousand dollars; Administrator, Bureau of Commerce, seventy thousand dollars; Administrator, Bureau of Environment, seventy thousand dollars; and Director, Office of Miner's Health, Safety and Training, sixty-five thousand dollars. Secretaries of the Departments shall be are paid an annual salary as follows: Health, and seventy-five thousand dollars; Human Resources, ninety thousand dollars seventy-five thousand dollars; Transportation, seventy-five thousand dollars; tax and Revenue, seventy-five thousand dollars; Military Affairs and Public Safety, seventy-five thousand dollars; Administration, seventy-five thousand dollars; Education and the Arts, seventy-five thousand dollars; and Environmental Protection, seventy-five thousand dollars.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to the first day of July, two thousand two, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in two thousand two, and shall thereafter notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Administrator, Division of Risk and Insurance Management, fifty-five thousand dollars; Director, Division of Rehabilitation Services, sixty thousand dollars; Executive Director, Educational Broadcasting Authority, sixty thousand dollars; Secretary, Library Insurance Commissioner, sixty-seven thousand dollars; Director, Geological and Economic Survey, fifty-two thousand five hundred dollars; Executive Director, Prosecuting Attorneys Institute, sixty thousand dollars; Executive Director, Public Defender Services, sixty thousand dollars; Insurance Commissioner, Bureau of Senior Services, seventy thousand dollars; Director, State Rail Authority, fifty-five thousand dollars; Executive Secretary, Women's Insurance Commissioner, thirty-one thousand dollars; Director, Hospital Finance Authority, twenty-six thousand dollars; Member, Racing Insurance Commissioner, twelve thousand dollars; Chairman, Public Service Insurance Commissioner, seventy thousand dollars; and Members, Public Service Insurance Commissioner, seventy thousand dollars.
(c) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the state auditor and the legislative auditor a sworn statement, on a form to be prescribed by the attorney general, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The attorney general shall prepare and distribute the form to the affected spending units.
CHAPTER 9. HUMAN SERVICES.

ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§9-1-2. Definitions.
The following words and terms when used in this chapter have the meanings indicated unless the context clearly indicates a different meaning, and any amendment of this section applies to any verdict, settlement, compromise or judgment entered after the effective date of the amendments to this section enacted during the regular session of the Legislature, one thousand nine hundred ninety-five.
(a) The term "Department" means the State Division of Human Services, except when used in the context of referring to the Department of Human Resources.
(b) The term "Insurance Commissioner" means the Insurance Commissioner of Human Services.
(c) The term "federal-state assistance" means and includes: (1) All forms of aid, care, assistance and services to or on behalf of persons, which are authorized by, and who are authorized to receive the same under and by virtue of, subchapters one, four, five, ten, fourteen, sixteen, eighteen and nineteen, chapter seven, Title 42, United States Code, as those subchapters have heretofore been and may hereafter be amended, supplemented and revised by Acts of Congress, and as those subchapters so amended, supplemented and revised have heretofore been and may hereafter be supplemented by valid rules and regulations promulgated by authorized federal agents and agencies, and as those subchapters so amended, supplemented and revised have heretofore been and may hereafter be supplemented by rules promulgated by the State Division of Human Services, which Division rules shall be consistent with federal laws, rules and regulations, but not inconsistent with state law; and (2) all forms of aid, care, assistance and services to persons, which are authorized by, and who are authorized to receive the same under and by virtue of, any act of Congress, other than the federal Social Security Act, as amended, for distribution through the State Division of Human Services to recipients of any form of aid, care, assistance and services to persons designated or referred to in (1) of this definition and to recipients of state assistance, including by way of illustration, surplus food and food stamps, which Congress has authorized the Secretary of Agriculture of the United States to distribute to needy persons.
(d) The term "federal assistance" means and includes all forms of aid, care, assistance and services to or on behalf of persons, which are authorized by, and who are authorized to receive the same under and by virtue of, any act of Congress for distribution through the State Division of Human Services, the cost of which is paid entirely out of federal appropriations.
(e) The term "state assistance" means and includes all forms of aid, care, assistance, services and general relief made possible solely out of state, county and private appropriations to or on behalf of indigent persons, which are authorized by, and who are authorized to receive the same under and by virtue of, State Division of Human Services' rules.
(f) The term "welfare assistance" means the three classes of assistance administered by the State Division of Human Services, namely: Federal-state assistance, federal assistance and state assistance.
(g) The term "indigent person" means any person who is domiciled in this state and who is actually in need as defined by Department rules and has not sufficient income or other resources to provide for such need as determined by the State Division of Human Services.
(h) The term "domiciled in this state" means being physically present in West Virginia accompanied by an intention to remain in West Virginia for an indefinite period of time, and to make West Virginia his or her permanent home. The State Division of Human Services may by rules supplement the foregoing definition of the term "domiciled in this state", but not in a manner as would be inconsistent with federal laws, rules and regulations applicable to and governing federal-state assistance.
(i) The term "medical services" means medical, surgical, dental and nursing services and other remedial services recognized by law, in the home, office, hospital, clinic and any other suitable place, provided or prescribed by persons permitted or authorized by law to give such services; the services to include drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care and such other medical services and supplies as may be prescribed by the persons.
(j) The term "general relief" means cash or its equivalent in services or commodities expended for care and assistance to an indigent person other than for care in a county infirmary, child shelter or similar institution.
(k) The term "secretary" means the Secretary of the Department of health and Human Resources.
(l) The term "estate" means all real and personal property and other assets included within the individual's estate as defined in the state's probate law.
(m) The term "services" means nursing facility services, home and community-based services and related hospital and prescription drug services for which an individual received medicaid medical assistance.
(n) The term "state medicaid agency" means the Division of the Department of health and Human Resources that is the federally designated single state agency charged with administration and supervision of the state medicaid program.
(o) The term "Department of Health and Human Resources" means the Department of Human Resources.
ARTICLE 2. DEPARTMENT OF HUMAN RESOURCES, AND OFFICE OF INSURANCE COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-1a. Continuation of the Department of Human Resources.

The Department of health and Human Resources shall be is charged with the administration of this chapter. The Department of health and Human Resources shall continue to exist pursuant to the provisions of article ten, chapter four of this code, until the first day of July, two thousand three five, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
Notwithstanding any provision of this provision of this chapter, as used in this chapter, the term "Department of Health and Human Resources" means the Department of Human Resources.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-2. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(a) "Basic public health services" means those services that are necessary to protect the health of the public. The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion and environmental health protection;
(b) "Bureau" means the Bureau for Public Health in the Department of Health; and Human Resources
(c) "Combined local board of health" is one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;
(d) "Insurance Commissioner" means the Insurance Commissioner of the Bureau for Public Health, who is the state health officer;
(e) "County board of health" is one form of organization for a local board of health and means a local board of health serving a single county;
(f) "Department" means the West Virginia Department of Health; and Human Resources
(g) "Director" or "director of health" means the state health officer. Administratively within the Department, the Bureau for Public Health through its Insurance Commissioner carries out the public health functions of the Department, unless otherwise assigned by the secretary;
(h) "Essential public health services" means the core public health activities necessary to promote health and prevent disease, injury and disability for the citizens of the state. The services include:
(1) Monitoring health status to identify community health problems;
(2) Diagnosing and investigating health problems and health hazards in the community;
(3) Informing, educating and empowering people about health issues;
(4) Mobilizing community partnerships to identify and solve health problems;
(5) Developing policies and plans that support individual and community health efforts;
(6) Enforcing laws and rules that protect health and ensure safety;
(7) Uniting people with needed personal health services and assuring the provision of health care when it is otherwise not available;
(8) Promoting a competent public health and personal health care workforce;
(9) Evaluating the effectiveness, accessibility and quality of personal and population-based health services; and
(10) Researching for new insights and innovative solutions to health problems;
(i) "Licensing boards" means those boards charged with regulating an occupation, business or profession and on which the Insurance Commissioner serves as a member;
(j) "Local board of health," "local board" or "board" means a board of health serving one or more counties or one or more municipalities or a combination thereof;
(k) "Local Health Department" means the staff of the local board of health;
(l) "Local health officer" means the individual physician with a current West Virginia license to practice medicine who supervises and directs the activities of the local health Department services, staff and facilities and is appointed by the local board of health with approval by the Insurance Commissioner;
(m) "Municipal board of health" is one form of organization for a local board of health and means a board of health serving a single municipality;
(n) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which public health performance can be measured;
(o) "Program plan" or "plan of operation" means the annual plan for each local board of health that must be submitted to the Insurance Commissioner for approval;
(p) "Public water system" means any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include: (1) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system. A public water system does not include a system which meets all of the following conditions: (1) Which consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (2) which obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition; (3) which does not sell water to any person; and (4) which is not a carrier conveying passengers in interstate commerce;
(q) "Secretary" means the Secretary of the state Department of Health; and human resources
(r) "Service area" means the territorial jurisdiction of a local board of health;
(s) "State Advisory Council on Public Health" is the advisory body charged by this article with providing advice to the Insurance Commissioner with respect to the provision of adequate public health services for all areas in the state; and
(t) "State Board of Health" means, and refers to, the secretary, notwithstanding any other provision of this code to the contrary, whenever and wherever in this code there is a reference to the State Board of Health.
ARTICLE 5P. SENIOR SERVICES.
§16-5P-7. Creation and composition of the West Virginia Council on Aging; terms of citizen representative; vacancies; officers; meetings.
(a) There is hereby created the West Virginia Council on Aging, which shall be is composed of five government members and ten citizen members, and shall serve serves as an advisory board to the Insurance Commissioner.
(b) The five government members shall be are: (1) The director of the division of Insurance Commissioner of Bureau for Public Health; (2) the Director of the Bureau of Medical Services; (3) one administrator designated by the Secretary of the Department of health and Human Resources; (4) one administrator designated by the Superintendent of the West Virginia State Police; and (5) the Director of the Division of Rehabilitation Services.
(c) The citizen members shall be are appointed by the Governor with the advice and consent of the Senate. No more than five of the citizen members shall may belong to the same political party, and no more than six members shall may be of the same gender. The members shall be selected in a manner to provide balanced geographical distribution.
(d) The designated administrators and the citizen representatives of the council shall be are appointed for terms of four years each, and shall serve until their successors are appointed and qualified. The citizen representatives appointed to staggered terms pursuant to section two, article fourteen, chapter twenty-nine of this code to the State Insurance Commissioner on Aging shall continue to serve the remainder of their term or until their successors are appointed and qualified.
(e) A majority of the members of the council shall constitute is a quorum for the transaction of business. The council shall elect a chair, a vice-chair, and such other officers as it deems necessary. The council shall meet at least two times each year. Each government representative shall designate a person with the authority to attend meetings and act on behalf of the government representative, who shall be considered a member of the council for the purpose of obtaining a quorum for the transaction of business.
ARTICLE 5S. OLDER WEST VIRGINIANS ACT.
§16-5S-5. Powers and duties of the Bureau of Senior Services.

The Bureau shall be is the designated state agency to:
(a) Develop and administer the state plan as required by the federal Administration on Aging;
(b) Be the primary agency responsible for the planning, policy development, administration, coordination, priority setting and evaluation of activities related to this article;
(c) Serve as an effective and visible advocate for older West Virginians;
(d) Divide the state into distinct planning and service areas and designate for each area a public or private nonprofit agency or organization as the area agency on aging as required by the federal Administration on Aging;
(e) Provide technical assistance and information to area agencies on aging and local service providers as appropriate and conduct monitoring of area agencies on aging to ensure compliance with applicable rules, regulations and standards;
(f) Maintain client and service data using a standardized computer client tracking system through which all providers shall report required information;
(g) Maintain letters of agreement with the state Department of health and Human Resources to provide program operations of the personal care and aged and disabled waiver programs; and
(h) Maintain a registry of companies and organizations that provide free medications or provide assistance to persons in securing medications, and make this information available to consumers through all local senior programs.
ARTICLE 22A. TESTING OF NEWBORN INFANTS FOR HEARING IMPAIRMENTS.
§16-22A-3. Fees for testing; payment of same.
(a) Testing required under this article shall be is a covered benefit reimbursable by all health insurers except for health insurers that offer only supplemental coverage policies or policies which cover only specified diseases. All policies issued pursuant to articles fifteen, sixteen, twenty-four and twenty-five-a of chapter thirty-three of this code shall provide coverage for the testing required under this article.
(b) The Department of health and Human Resources shall pay for testing required under this article when the newborn infant is eligible for medical assistance under the provisions of section twelve, article five, chapter nine of this code.
(c) In the absence of a third-party payor, the parents of a newborn infant shall be informed of the testing availability and its costs and they may refuse to have the testing performed. Charges for the testing required under this article shall be paid by the hospital or other health care facility where the infant's birth occurred: Provided, That nothing contained in this section may be construed to preclude precludes the hospital or other health care facility from billing the infant's parents directly.
ARTICLE 29D. STATE HEALTH CARE.

§16-29D-3. Agencies to cooperate and to provide plan; contents of plan; reports to Legislature; late payments by state agencies and interest thereon.

(a) All Departments and Divisions of the state, including, but not limited to, the Bureau of Employment Programs, the division of the Bureau for Public Health, the Division of Human Services within the Department of health and Human Resources, the Public Employees Insurance Agency within the Department of Administration, the Division of Rehabilitation Services or such other Department or Division as shall supervise or provide that supervises or provides rehabilitation; and the university of West Virginia board of trustees as the governing board for the state's the governing boards of state institutions of higher education that have medical schools, are authorized and directed to cooperate in order, among other things, to ensure the quality of the health care services delivered to the beneficiaries of such the Departments and Divisions and to ensure the containment of costs in the payment for services.
(b) It is expressly recognized that no other entity may interfere with the discretion and judgment given to the single state agency which administers the state's medicaid program. Thus, it is the intention of the Legislature that nothing contained in this article shall be interpreted, construed or applied to interfere with the powers and actions of the single state agency which, in keeping with applicable federal law, shall administer the state's medicaid program as it perceives to be in the best interest of that program and its beneficiaries.
(c) Such The Departments and Divisions shall develop a plan or plans to ensure that a reasonable and appropriate level of health care is provided to the beneficiaries of the various programs including the Public Employees Insurance Agency and the Workers' Compensation Fund, the Division of Rehabilitation Services and, to the extent permissible, the state medicaid program. The plan or plans may include, among other things, and the Departments and Divisions are hereby authorized to enter into:
(1) Utilization review and quality assurance programs;
(2) The establishment of a schedule or schedules of the maximum reasonable amounts to be paid to health care providers for the delivery of health care services covered by the plan or plans. Such a The schedule or schedules may be either prospective in nature or cost reimbursement in nature, or a mixture of both: Provided, That any payment methods or schedules for institutions which provide inpatient care shall be institution-specific and shall, at a minimum, take into account a disproportionate share of medicaid, charity care and medical education: Provided, however, That in no event may any rate set in this article for an institutional health care provider be greater than such the institution's current rate established and approved by the Health Care Cost Review Authority pursuant to article twenty-nine-b of this chapter;
(3) Provisions for making payments in advance of the receipt of health care services by a beneficiary, or in advance of the receipt of specific charges for such the services, or both;
(4) Provisions for the receipt or payment of charges by electronic transfers;
(5) Arrangements, including contracts, with preferred provider organizations; and
(6) Arrangements, including contracts, with particular health care providers to deliver health care services to the beneficiaries of the programs of the Departments and Divisions at agreed upon rates in exchange for controlled access to the beneficiary populations.
(d) The Director of the Public Employees Insurance Agency shall contract with an independent actuarial company for a review every four years of the claims experience of all governmental entities whose employees participate in the Public Employees Insurance Agency program, including, but not limited to, all branches of state government, all state Departments or agencies (including those receiving funds from the federal government or a federal agency), all county and municipal governments, or any other similar entities for the purpose of determining the cost of providing coverage under the program, including administrative cost, to each such governmental entity.
(e) Nothing in this section shall be construed to give or reserve gives or reserves to the Legislature any further or greater power or jurisdiction over the operations or programs of the various Departments and Divisions affected by this article than that already possessed by the Legislature in the absence of this article.
(f) For the purchase of health care or health care services by a health care provider participating in a plan under this section on or after the first day of September, one thousand nine hundred eighty-nine, by the Public Employees Insurance Agency, the Division of Rehabilitation Services and the Division of Workers' Compensation, a state check shall be issued in payment thereof within sixty-five days after a legitimate uncontested invoice is actually received by such the Division or agency. Any state check issued after sixty-five days shall include interest at the current rate, as determined by the State Tax Insurance Commissioner under the provisions of section seventeen-a, article ten, chapter eleven of this code, which interest shall be calculated from the sixty-sixth day after such the invoice was actually received by the Division or agency until the date on which the state check is mailed to the vendor.
ARTICLE 29E. LEGISLATIVE OVERSIGHT INSURANCE COMMISSIONER ON HEALTH AND HUMAN RESOURCES ACCOUNTABILITY.

§16-29E-2. Legislative intent.

It is the intent of the Legislature that all actions taken pursuant to the provisions of this article by the Legislature and the various agencies within the Department of Health and the Department of Human Resources serve the following core set of principles:
(1) That all health and social programs offered under state authority be coordinated to maximize efficiencies and minimize competition within the various agencies thereby addressing the needs of the citizens more effectively;
(2) That communication be facilitated among the various agencies within the Department of Health and the Department of Human Resources and between the department Departments and the Legislature;
(3) That policy changes, not made by legislative rule, be discussed with the Insurance Commissioner for purposes of coordinating those policies with existing programs and stated goals;
(4) That programs or policies implemented in accordance with federal mandates be communicated to the Insurance Commissioner;
(5) That in developing and implementing programs with private or federal grant moneys, the various agencies communicate their efforts to the Insurance Commissioner to ensure and facilitate future state funding; and
(6) That agencies previously exempted from rule-making review by federal or state statutes advise the Insurance Commissioner of program changes which may affect the health and well-being of the citizens of West Virginia.
§16-29E-3. Definitions.
As used in this article:
(a) "Agency" means those various agencies, authorities, boards, committees, Insurance Commissioners or Departments of the Department of Health and Department of Human Resources with authority to promulgate legislative rules pursuant to this chapter that regulate health care providers, practitioners or consumers; or those offering social services programs;
(b) "Commissioner" means the Legislative Oversight Insurance Commissioner on Health and Human Resources Accountability; and
(c) "Department" and "Department of Health and Human Resources" means the Department of Health and the Department of Human Resources.
CHAPTER 18. EDUCATION.

ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND ACT.

§18-10K-2. Board created, membership, terms, officers and staff.
(a) There is hereby established the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board.
(b) The Board shall consists of twenty-three members. The members shall include:
(1) The Secretary of the Department of Education and the Arts, ex officio, or his or her designee;
(2) The Secretary of health and Human Resources, ex officio, or his or her designee;
(3) The State Superintendent of schools, ex officio, or his or her designee;
(4) The Secretary of the Department of Military Affairs and Public Safety, ex officio, or his or her designee;
(5) The Director of the Bureau of Behavioral Health within the Department of Health, and human resources ex officio, or his or her designee;
(6) The Director of the Division of Rehabilitation Services, ex officio, or his or her designee;
(7) The Director of the Bureau of Medical Services, ex officio, or his or her designee;
(8) The Director of the Office of Emergency Services, ex officio, or his or her designee;
(9) The executive Director of the Workers' Compensation Insurance Commissioner, ex officio, or his or her designee;
(10) Seven members appointed by the Governor to represent public and private health organizations or other disability coalitions or advisory groups; and
(11) Seven members appointed by the Governor who are either survivors of traumatic brain or spinal cord injury or family members of persons with traumatic brain or spinal cord injury.
(c) The citizen members shall be are appointed by the Governor for terms of three years, except that of the members first appointed, two of the representatives of public and nonprofit private health organizations, disability coalitions or advisory groups and two of the representatives of survivors or family members of persons with traumatic brain or spinal cord injuries shall serve for terms of one year, two of the representatives of each of those respective groups shall serve for terms of two years and the remaining three representatives of each of those respective groups shall serve for terms of three years. All subsequent appointments shall be for three years. Members shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. In the event of If there is a vacancy, the Governor shall appoint a qualified person to serve for the unexpired term. No member may serve more than two consecutive three-year terms. State officers or employees may be appointed to the Board unless otherwise prohibited by law.
(d) In the event If a board member fails to attend more than twenty-five percent of the scheduled meetings in a twelve-month period, the board may, after written notification to that member and the Secretary of Education and the Arts, request in writing that the Governor remove the member and appoint a new member to serve his or her unexpired term.
(e) The Board shall elect from its membership a chairperson, treasurer and secretary as well as any other officer as appropriate. The term of the chairperson is for two years in duration and he or she cannot may not serve more than two consecutive terms.
CHAPTER 33. INSURANCE.

ARTICLE 25B. FEDERAL INSURANCE SUBSIDY FOR CHILDREN'S HEALTH.

§33-25B-2. Purpose.

The purpose of this article is to:
(a) Assist, promote, encourage, develop and advance the knowledge of lower to moderate income families with dependent children of the earned income credit available for money spent on health insurance;
(b) Cooperate and act in conjunction with other organizations, public and private, the objects of which are the promotion and education of lower to moderate income families with dependent children of the earned income credit available for money spent on health insurance;
(c) Establish a system of qualified applicant aides who shall be are trained by the Department of health and Human services Resources and, who, for a modest dollar incentive, will on a volunteer basis make knowledge of this program available to the targeted families; and
(d) Establish a mechanism by which to provide counseling and assistance to families and aid them in filing for the insurance voucher, selecting an appropriate health insurance policy and completing the required federal income tax return.
ARTICLE 25D. PREPAID LIMITED HEALTH SERVICE ORGANIZATION ACT.
§33-25D-29. Authority to contract with prepaid limited health service organizations under medicaid.

The Department of health and Human Resources is authorized to enter into contracts with prepaid limited health service organizations certified and permitted to market under the laws of this state, and to furnish to recipients of medical assistance under Title XIX of the Social Security Act, 42 U.S.C. §1396, et seq, limited health services offered to such recipients under the medical assistance plan of West Virginia. The children's health policy board, the Department of Health and human resources and the Division of Juvenile Services within the Department of Military Affairs and Public Safety are further authorized to enter into contracts with prepaid limited health service organizations to furnish behavioral health services to adults and children who are eligible to receive such services under chapter five, chapter sixteen, chapter twenty-seven or chapter forty-nine of this code.
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
§48-1-220a. Department of Health and Human Resources defined.
"Department of Health and Human Resources" means the Department of Human Resources.
§48-1-236. Secretary defined.

"Secretary" means the Secretary of the Department of health and Human Resources.
ARTICLE 26. DOMESTIC VIOLENCE ACT.
PART 5. DUTIES OF THE BUREAU FOR PUBLIC HEALTH.

§48-26-501. Development of state public health plan for reducing domestic violence.

(a) The Bureau for Public Health of the Department of Health, and human resources in consultation with the family protection services board, shall:
(1) Assess the impact of domestic violence on public health; and
(2) Develop a state public health plan for reducing the incidence of domestic violence in this state.
(b) The state public health plan shall:
(1) Include, but not be limited to, public education, including the use of the various communication media to set forth the public health perspective on domestic violence;
(2) Be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters, and persons who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children; and
(3) Be completed on or before the first day of January, two thousand.
(c) The Bureau for Public Health of the Department of Health and human resources shall:
(1) Transmit a copy of the state public health plan to the Governor and the Legislature; and
(2) Review and update the state public health plan annually.
§48-26-502. Notice of victims' rights, remedies and available services; required information.

(a) The Bureau for Public Health of the Department of Health and human resources shall make available to health care facilities and practitioners a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
(b) A health care practitioner whose patient has injuries or conditions consistent with domestic violence shall provide to the patient, and every health care facility shall make available to all patients, a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
§48-26-503. Standards, procedures and curricula.
(a) The Bureau for Public Health of the Department of Health and human resources shall publish model standards, including specialized procedures and curricula, concerning domestic violence for health care facilities, practitioners and personnel.
(b) The procedures and curricula shall be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters and personnel who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children.
CHAPTER 49. CHILD WELFARE.

ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-4. Other definitions.
As used in this chapter:
(1) "Child welfare agency" means any agency or facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities, or any facility that provides care for unmarried mothers and their children;
(2) "Community based," when referring to a facility, program, or service, means located near the juvenile's home or family and involving community participation in planning, operation and evaluation, and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any treatment and other rehabilitation services;
(3) "Court" means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided;
(4) "Custodian" means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceedings;
(5) "Department," or "state Department" or "Department of Health and Human Resources" means the state Department of health and Human Resources;
(6) "Division of Juvenile Services" means the Division within the Department of Military Affairs and Public Safety pursuant to article five-e of this chapter;
(7) "Guardian" means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding;
(8) "Juvenile delinquent" means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult;
(9) "Nonsecure facility" means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision;
(10) "Referee" means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter;
(11) "Secretary" means the Secretary of health and Human Resources;
(12) "Secure facility" means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility;
(13) "Staff-secure facility" means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents;
(14) "Status offender" means a juvenile who has been adjudicated as one:
(A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the child's behavior substantially endangers the health, safety or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or custodian without the consent of such person or without good cause;
(C) Who is habitually absent from school without good cause; or
(D) Who violates any West Virginia municipal, county or state law regarding use of alcoholic beverages by minors; and
(15) "Valid court order" means a court order given to a juvenile who was brought before the court and made subject to such order, and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitutions of the United States and the State of West Virginia.
ARTICLE 4. CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
§49-4-1. Purpose.
The purpose of this article is to provide for the continuation and development of services for children with special health care needs. The State Bureau of for Public Health within the Department of Health and human resources shall formulate and apply administrative policies concerning the care and treatment of children with special health care needs and shall cooperate with other agencies responsible for such care and treatment.
In the development of administrative policies, the State Bureau shall cooperate with the United States Department of Health and Human Services and shall comply with the regulations that agency prescribes under the authority of the "Social Security Act", and is hereby authorized to receive and expend federal funds for these services.
§49-4-4. Report of birth of special health care needs child.
Within thirty days after the birth of a child with a congenital deformity, the physician, midwife or other person attending the birth shall report to the State Bureau of for Public Health, on forms prescribed by them, the birth of such the child.
The report shall be is solely for the use of the state Department of Health and human resources and shall is not be open for public inspection.
§49-4-5. Assistance by other agencies.
So far as practicable, the services and facilities of the state Departments of Health, and Human services Resources and Education vocational and the Divisions of Rehabilitation Services and corrections or their successors shall be available to the State Bureau of for Public Health for the purposes of this article.
ARTICLE 4A. WEST VIRGINIA FAMILY SUPPORT PROGRAM.
§49-4A-2. Definitions.
(a) "Family or primary caregiver" means the person or persons with whom the developmentally disabled person resides and who is primarily responsible for the physical care, education, health and nurturing of the disabled person. The term does not include hospitals, sanitariums, nursing homes, personal care homes or any other such institution.
(b) "Legal guardian" means the person who is appointed legal guardian of a developmentally disabled person and who is responsible for the physical and financial aspects of caring for such person, regardless of whether the disabled person resides with his or her legal guardian or another family member.
(c) "Family support" means goods and services needed by families to care for their family members with developmental disabilities and to enjoy a quality of life comparable to other community members.
(d) "Family support program" means a coordinated system of family support services administered by the Department of Health and human resources through initial contracts with agencies within four of the state's behavioral health regions.
(e) "Developmental disability" means a severe, chronic disability of a person which:
(1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Results in substantial functional limitations in three or more of the following areas of major life activity: (A) Self-care; (B) receptive and expressive language; (C) learning; (D) mobility; (E) self-direction; (F) capacity for independent living; and (G) economic self-sufficiency; and
(4) Reflects the person's need for services and supports which are of lifelong or extended duration and are individually planned and coordinated.
The term "developmental disability", when applied to infants and young children, means individuals from birth to age five, inclusive, who have substantial developmental delays or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.
(f) "Regional family support council" means the council established by the regional family support agency under the provisions of section six of this article to carry out the responsibilities specified in this article.
(g) "State family support council" means the council established by the Department of Health and Human Resources under section six of this article to carry out the responsibilities specified in this article.
§49-4A-5. Program administration.
(a) The administering agency for the family support program is the Department of Health. and human resources
(b) The Department of Health and human resources shall initially implement the family support program through contracts with an agency within four of the state's behavioral health regions, with the four regions to be determined by the Department of Health and human resources in consultation with the state family support council. These regional family support agencies of the family support program will be responsible for implementing the provisions of this article and subsequent policies for the families of persons with developmental disabilities residing within their respective regions. Each regional family support agency must serve at least twenty-five families from each fifty thousand dollars allocated. The total appropriation from general revenue funds for this program shall not exceed two hundred thousand dollars for the fiscal year beginning the first day of July, one thousand nine hundred ninety-one.
(c) The Department of Health, and human resources in conjunction with the state family support council, shall adopt policies and procedures regarding:
(1) Development of annual budgets;
(2) Program specifications;
(3) Criteria for awarding contracts for operation of regional family support programs and the role of regional family support councils;
(4) Annual evaluation of services provided by each regional family support agency, including consumer satisfaction;
(5) Coordination of the family support program and the use of its funds, throughout the state and within each region, with other publicly funded programs, including medicaid;
(6) Performance of family needs assessments and development of family service plans;
(7) Methodology for allocating resources to families within the funds available; and
(8) Resolution of grievances filed by families pertaining to actions of the family support program.
(d) The Department of Health and human resources shall submit a report to the Governor and the Legislature on the family support program by the fifteenth day of January, one thousand nine hundred ninety-two, and by the fifteenth day of September every year, thereafter so long as the program is funded.
§49-4A-6. Regional and state family support councils.
(a) Each regional family support agency shall establish a regional family support council comprised of at least seven members, of whom at least a majority shall be are persons with developmental disabilities or their parents or primary caregivers. Each regional family support council shall meet at least quarterly to advise the regional family support agency on matters related to local implementation of the family support program and to communicate information and recommendations regarding the family support program to the state family support council.
(b) The Secretary of the Department of Health and human resources shall appoint a state family support council comprised of at least twenty-two members, of whom at least a majority shall be are persons with developmental disabilities or their parents or primary caregivers. A representative elected by each regional council shall serve on the State Council. The State Council shall also include a representative from each of the following agencies: The State Developmental Disabilities Planning Council, the State Protection and Advocacy Agency, the University Affiliated Center for Developmental Disabilities, the Office of Special Education, the Association of Community Mental Health/Mental Retardation Programs and the Early Intervention Interagency Coordinating Council.
(c) The State Council shall meet at least quarterly. The State Council will participate in the development of program policies and procedures, annual contracts and perform such other duties as are necessary for statewide implementation of the family support program.
(d) Members of the state and regional councils who are a member of the family or the primary caregiver of a developmentally disabled person shall be reimbursed for travel and lodging expenses incurred in attending official meetings of their councils. Child care expenses related to the developmentally disabled person shall also be reimbursed. Members of regional councils who are eligible for expense reimbursement shall be reimbursed by their respective regional family support agencies.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-5. Child fatality review team.
(a) The child fatality review team is hereby established under the Office of the Chief Medical Examiner. The child fatality review team is a multidisciplinary team created to review the deaths of children under the age of eighteen years as provided for in this section.
(b) The child fatality review team is to consist of the following members, appointed by the Governor, to serve three-year terms:
(1) The Chief Medical Examiner, who is to serve as the chairperson of the child fatality review team;
(2) Two prosecuting attorneys or their designees;
(3) The State Superintendent of the West Virginia State Police or his or her designee;
(4) One law-enforcement official other than a member of the West Virginia State Police;
(5) One child protective services worker currently employed in investigating reports of child abuse or neglect;
(6) One physician, specializing in the practice of pediatric medicine or family medicine;
(7) One physician, specializing in the practice of pediatric critical care medicine;
(8) One social worker who may be employed in the area of public health;
(9) The Director of the Office of Maternal and Child Health of the Department of Health and human resources or his or her designee;
(10) One representative of the sudden infant death syndrome program of the Office of Maternal and Child Health;
(11) The Director of the Division of Children's Mental Health Services of the Office of Behavioral Health Services or his or her designee;
(12) The Director of the Office of Social Services of the Department of health and Human Resources or his or her designee;
(13) The Superintendent of the Department of Education or his or her designee;
(14) The Director of the Division of Juvenile Services or his or her designee; and
(15) The president of the West Virginia Association of School Nurses or his or her designee.
(c) Members of the child fatality review team shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified.
(d) Each appointment of a prosecuting attorney, whether for a full term or to fill a vacancy, is to be made by the Governor from among three nominees selected by the West Virginia Prosecuting Attorneys Institute. Each appointment of a law-enforcement officer, whether for a full term or to fill a vacancy, is to be made by the Governor from among three nominees selected by the State Fraternal Order of Police or the West Virginia Deputy Sheriff's Association. Each appointment of a child protective services worker and a social worker, whether for a full term or to fill a vacancy, is to be made by the Governor from among three nominees selected by the West Virginia Social Work Licensing Board. Each appointment of a physician, whether for a full term or to fill a vacancy, is to be made by the Governor from among three nominees selected by the West Virginia State Medical Association or the West Virginia Academy of Pediatrics. When an appointment is for a full term, the nomination is to be submitted to the Governor not later than eight months prior to the date on which the appointment is to become effective. In the case of an appointment to fill a vacancy, the nominations are to be submitted to the Governor within thirty days after the request for the nomination has been made by the Governor to the chairperson or president of the organization. When an association fails to submit to the Governor nominations for the appointment in accordance with the requirements of this section, the Governor may make the appointment without nominations.
(e) Each member of the child fatality review team shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.
(f) The child fatality review team shall, pursuant to the provisions of chapter twenty-nine-a, promulgate rules applicable to the following:
(1) The standard procedures for the establishment, formation and conduct of the child fatality review team; and
(2) Recommend protocols for the review of child fatalities where other than natural causes are suspected.
(g) The child fatality review team shall:
(1) Review all deaths of children under the age of eighteen years who are residents of this state in order to identify trends, patterns and risk factors;
(2) Provide statistical analysis regarding the causes of child fatalities in West Virginia;
(3) Promote public awareness of the incidence and causes of child fatalities, including recommendations for their reduction; and
(4) Provide training for state agencies and local multidisciplinary teams.
(h) The child fatality review team shall submit an annual report to the Governor and to the Legislature concerning its activities and the incidents of child fatalities within the state. The report is due annually on the first day of December. The report is to include statistics setting forth the number of child fatalities, identifiable trends in child fatalities in the state, including possible causes, if any, and recommendations to reduce the number of preventable child fatalities in the state. The report is to also include the number of children whose deaths have been determined to have been unexpected or unexplained.
(i) A local multidisciplinary investigative team created pursuant to the provisions of section two of this article shall review all cases referred to it pursuant to the provisions of that section: Provided, That a local multidisciplinary investigative team may refer any or all cases for review of deaths to the child fatality review team. The local multidisciplinary investigative team shall provide all information to the child fatality review team necessary for the child fatality review team to create and submit any report required by this section.
(j) The child fatality review team, in the exercise of its duties as defined in this section, may not:
(1) Call witnesses or take testimony from individuals involved in the investigation of a child fatality;
(2) Contact a family member of the deceased child, except if a member of the team is involved in the investigation of the death and must contact a family member in the course of performing his or her duties outside of the team; or
(3) Enforce any public health standard or criminal law or otherwise participate in any legal proceeding, except if a member of the team is involved in the investigation of the death or resulting prosecution and must participate in a legal proceeding in the course of performing in his or her duties outside of the team.
(k) Proceedings, records and opinions of the child fatality review team are confidential, in accordance with section one, article seven, chapter forty-nine of this code, and are not subject to discovery, subpoena or introduction into evidence in any civil or criminal proceeding. Nothing in this subsection is to be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the child fatality review team.
(l) Members of the child fatality review team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. Nothing in this subsection may be construed to prevent a member of the child fatality review team from testifying to information obtained independently of the team or which is public information.
ARTICLE 7. GENERAL PROVISIONS.

§49-7-1. Confidentiality of records.

(a) Except as otherwise provided in this chapter or by order of the court, all records and information concerning a child or juvenile which are maintained by the Division of Juvenile Services, the Department of Health, and the Department of Human Resources, a child agency or facility, court or law-enforcement agency shall be kept confidential and shall may not be released or disclosed to anyone, including any federal or state agency.
(b) Notwithstanding the provisions of subsection (a) of this section or any other provision of this code to the contrary, records concerning a child or juvenile, except adoption records, juvenile court records and records disclosing the identity of a person making a complaint of child abuse or neglect shall be made available:
(1) Where otherwise authorized by this chapter;
(2) To:
(A) The child;
(B) A parent whose parental rights have not been terminated; or
(C) The attorney of the child or parent;
(3) With the written consent of the child or of someone authorized to act on the child's behalf; or
(4) Pursuant to an order of a court of record: Provided, That the court shall review such reviews the record or records for relevancy and materiality to the issues in the proceeding, and may issue an order to limit the examination and use of the records or any part thereof of the records.
(c) In addition to those persons or entities to whom information may be disclosed under subsection (b) of this section, information related to child abuse or neglect proceedings, except information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall be made available, upon request, to:
(1) Federal, state or local government entities, or any agent of such these entities, including law-enforcement agencies and prosecuting attorneys, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect;
(2) The child fatality review team;
(3) Child abuse citizen review panels;
(4) Multidisciplinary investigative and treatment teams; or
(5) A grand jury, circuit court or family law master, upon a finding that information in the records is necessary for the determination of an issue before the grand jury, circuit court or family law master.
(d) In the event of a child fatality or near fatality due to child abuse and neglect, information relating to such the fatality or near fatality shall be made public by the Department of health and Human Resources and to the entities described in subsection (c) of this section, all under the circumstances described in that subsection: Provided, That information released by the Department of health and Human Resources pursuant to this subsection shall may not include the identity of a person reporting or making a complaint of child abuse or neglect. For purposes of this subsection, "near fatality" means any medical condition of the child which is certified by the attending physician to be life-threatening.
(e) Except in juvenile proceedings which are transferred to criminal proceedings, law-enforcement records and files concerning a child or juvenile shall be kept separate from the records and files of adults and not included within the court files. Law-enforcement records and files concerning a child or juvenile shall only be open to inspection pursuant to the provisions of sections seventeen and eighteen, article five of this chapter.
(f) Any person who willfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail for not more than six months, or be both fined and confined. A person convicted of violating the provisions of this section shall also be liable for damages in the amount of three hundred dollars or actual damages, whichever is greater.
(g) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the name and identity of any juvenile adjudicated or convicted of a violent or felonious crime shall be made available to the public.
§49-7-30. Certificate of need not required.
(a) A certificate of need, as provided for in article two-d, chapter sixteen of this code, is not required by an entity proposing behavioral health care facilities or behavioral health care services for children who are placed out of their home, or who are at imminent risk of being placed out of their home, if a summary review is performed in accordance with the provisions of this section.
(b) A summary review of proposed health care facilities or health care services for children who are placed out of their home, or who are at imminent risk of being placed out of their home, is initiated when the proposal is recommended to the Health Care Cost Review Authority by the Secretary of the Department of Health and human resources and the secretary has made the following findings:
(1) That the proposed facility or service is consistent with the state health plan;
(2) That the proposed facility or service is consistent with the Department's programmatic and fiscal plan for behavioral health services for children with mental health and addiction disorders;
(3) That the proposed facility or service contributes to providing services that are child and family driven, with priority given to keeping children in their own homes;
(4) That the proposed facility or service will contribute to reducing the number of child placements in out-of-state facilities by making placements available in in-state facilities;
(5) That the proposed facility or service contributes to reducing the number of child placements in in-state or out-of-state facilities by returning children to their families, placing them in foster care programs or making available school-based and out-patient services; and
(6) If applicable, that the proposed services will be community-based, locally accessible and provided in an appropriate setting consistent with the unique needs and potential of each child and his or her family.
(c) The secretary's findings required by subsection (b) of this section shall be filed with the secretary's recommendation and appropriate documentation. If the secretary's findings are supported by the accompanying documentation, the proposal shall does not require a certificate of need.
(d) Any entity that does not qualify for summary review shall be is subject to certificate of need review.
(e) Notwithstanding any other provision of law to the contrary, the provision of regular or therapeutic foster care services does not constitute a behavioral health care facility or a behavioral health care service that would subject it to the summary review procedure established in this section or to the certificate of need requirements provided in article two-d, chapter sixteen of this code.
NOTE: The purpose of this bill is to divide the Department of Health and Human Resources into two Departments, the Department of Health and the Department of Human Resources.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§5F-2-7 and §48-1-220a are new; therefore, strike-throughs and underscoring have been omitted.
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